Disability Discrimination Laws in Texas: ADA & State Rights

The Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), Title I, is the federal law prohibiting disability discrimination in employment. It covers employers with 15 or more employees for 20 weeks in the current or preceding calendar year. The ADA protects employees with disabilities—physical or mental impairments substantially limiting a major life activity, those with a history of such impairment, or those regarded as having such impairment. Protected activities include recruitment, hiring, advancement, compensation, training, and other terms, conditions, and privileges of employment.

The law requires employers to provide reasonable accommodations to qualified employees with disabilities unless doing so creates undue hardship to the business. Reasonable accommodations include modified work schedules, accessible facilities, assistive technology, job restructuring, and modified job duties. Employers may defend against accommodation claims by proving undue hardship, which considers the nature and cost of the accommodation, employer resources, and overall operations.

The Equal Employment Opportunity Commission (EEOC) enforces the ADA. An employee alleging discrimination must file a charge within 180 days of the unlawful act in Texas (a non-deferral state). After filing, the EEOC investigates at no cost to the employee. If the EEOC finds reasonable cause, it attempts conciliation. If conciliation fails, the EEOC may sue on the employee's behalf or issue a right-to-sue letter, allowing the employee to file a private lawsuit. Remedies include back pay, front pay, compensatory damages (emotional distress, reputational harm), punitive damages (if intentional discrimination is shown), attorney fees, and expert costs.

Texas does not have a separate state disability discrimination statute. The state relies entirely on the federal Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) for disability discrimination protections in employment. This means Texas employees are protected only to the extent the ADA applies—no additional or broader protections exist under Texas law.

The practical implication is that the ADA's 15-employee threshold applies in Texas; smaller employers (1–14 employees) are not legally prohibited from disability discrimination under federal or state law, creating a coverage gap. The EEOC remains the sole enforcement authority for disability discrimination claims in Texas. Texas has not enacted a state equivalent to the ADA that would lower this threshold or expand protected categories.

However, Texas employers should note that the ADA's definition of disability is broad and includes both obvious and non-obvious conditions. The definition was expanded by the ADA Amendments Act of 2008 (ADAAA, effective January 1, 2009), which made it easier for employees to establish that their condition substantially limits a major life activity. Conditions like diabetes, epilepsy, cancer, and depression are now presumed to be disabilities, even if mitigated by medication or treatment.

Texas employers are also subject to the ADA's interactive process requirement—when an employee requests an accommodation, the employer must engage in an open dialogue to determine whether an accommodation is feasible and reasonable. Failure to participate in this interactive process is itself a violation. Additionally, Texas employers cannot require medical examinations or disability-related inquiries before a job offer unless all entering employees in the same job category are subjected to the same examination. Post-offer medical exams and disability inquiries are permitted if they are job-related, consistent with business necessity, and all entering employees for the same position are examined.

Remedies available under the ADA include back pay (salary lost due to discrimination), front pay (future wages if reinstatement is not feasible), compensatory damages for emotional distress and reputational harm, punitive damages (in cases of intentional discrimination), injunctive relief (court orders requiring the employer to stop discrimination or provide accommodations), attorney fees, and expert costs. Unlike some state laws, the ADA does not provide statutory damages or a damage cap, though punitive damages are available only if the employer acted with malice or reckless indifference.

Several important exceptions limit disability discrimination protections in Texas:

Employer size: Employers with fewer than 15 employees are not covered by the ADA, meaning they may legally refuse to hire, promote, or accommodate employees based on disability. This threshold is often misunderstood; a business with 14 employees has no ADA obligation. Additionally, the ADA applies only to employers in the United States; foreign subsidiaries or operations are generally not covered.

Definition of disability: Not every medical condition qualifies as a disability under the ADA. The condition must substantially limit a major life activity (such as walking, seeing, hearing, thinking, concentrating, or working). Minor, episodic conditions, or conditions easily managed by medication or assistive devices were historically excluded, though the ADAAA broadened the definition significantly. Temporary impairments (e.g., a broken leg expected to heal within a few months) are not disabilities, though some courts have questioned this.

Undue hardship defense: An employer may deny a reasonable accommodation if it would cause significant difficulty or expense relative to the employer's resources and operations. Undue hardship is a fact-specific analysis; what is undue for a small business may not be undue for a large corporation. Employers have successfully defended by showing the cost of the accommodation would fundamentally alter the business model or require elimination of essential job functions.

Direct threat defense: An employer may refuse to hire or may terminate an employee whose disability poses a direct threat to health or safety of the employee or others in the workplace. The threat must be substantial, not speculative, and based on objective evidence—not stereotypes. Courts apply this defense narrowly.

Bona fide occupational qualifications (BFOQ): In rare cases, disability-based distinctions are permitted if the disability is essential to the job (e.g., vision requirements for pilots). This exception is narrow and applies only when no reasonable accommodation exists.

At-will employment: Texas is an at-will employment state, meaning employees can be terminated for any reason or no reason, except if the reason is illegal (such as disability discrimination). However, at-will status does not insulate discriminatory terminations. An employer cannot fire an employee "at-will" if the real reason is disability.

Confidentiality and medical information: While employers may conduct medical exams and obtain disability-related information, they must keep this information confidential and separate from personnel files. Improper disclosure of medical information is itself a violation.

Retaliation: The ADA prohibits retaliation against employees who file EEOC charges, participate in investigations, or request accommodations. However, retaliation claims have a high burden; the employee must show the employer would not have taken the adverse action but for the protected activity.

Step 1: Document the Discrimination

Begin immediately documenting all discriminatory acts. Keep detailed records including the date, time, location, what happened, who was present, what was said, and how the discrimination affected you. Save emails, text messages, performance reviews, accommodation requests, and any written responses from the employer. If a supervisor made discriminatory comments, document the exact words used and the context. Photograph any physical barriers or inaccessible facilities. Retain copies of job postings, job descriptions, and your own application materials. Create a contemporaneous log (written at the time, not recreated later) as it carries more weight in litigation. If coworkers witnessed discrimination, note their names. Keep this documentation in a secure location outside the workplace, such as a personal email or cloud storage, in case the employer restricts access to work systems.

Step 2: Internal Complaint Process

Review your employee handbook for the complaint procedure; most employers have a formal grievance or anti-discrimination process. File a written complaint with Human Resources, ideally by email to create a record. In the complaint, describe the discriminatory act(s), when they occurred, who was involved, and what outcome you are seeking (e.g., accommodation, reinstatement, compensation). Keep a copy of the complaint. The employer is required to investigate the complaint and may not retaliate against you for filing it. However, filing internally does not stop the statutory clock for EEOC filing—do not assume the internal process will resolve the issue. An internal investigation can take 30–90 days depending on complexity. If the employer denies your request or the process stalls, you do not have to wait for its resolution; you can file with the EEOC immediately.

Step 3: File with the EEOC

File your charge with the EEOC Dallas District Office or the Houston Local Office, depending on where you work. You have 180 days from the date of the discriminatory act to file. File online at www.eeoc.gov/filing-charge, by mail to the Dallas District Office (207 S. Houston Street, Suite 300, Dallas, TX 75202), or in person at the Houston Local Office (1919 Smith Street, Suite 700, Houston, TX 77002). Phone: (972) 494-2500 (Dallas) or (713) 209-3000 (Houston). In the charge, provide your name, address, phone, email, employer's name and address, job title, hire date, dates of discrimination, a clear narrative of the discrimination, the basis (disability), remedies sought (back pay, reinstatement, damages), and whether you have filed internally. Include whether retaliation occurred. You do not need an attorney to file; the EEOC accepts charges from individuals. If you file online, you will receive a confirmation number and charge number. Print and save this documentation.

Step 4: EEOC Investigation

After you file, the EEOC notifies the employer and opens an investigation, typically within 2–4 weeks. The EEOC will request documents from both you and the employer, including personnel files, medical records you provided, emails, performance reviews, and any accommodation requests. You may be asked to provide a detailed written statement or participate in a telephone interview. The employer will also submit its response, argument, and evidence. The EEOC investigator will review the evidence to determine whether there is reasonable cause to believe discrimination occurred. This process typically takes 6–12 months but can extend longer if the case is complex or the parties request extensions. You will receive periodic updates; the EEOC is not obligated to keep you informed frequently, so proactive follow-up is advisable (contact the investigator by phone or email every 60–90 days). During investigation, the EEOC may attempt early mediation, which is a free, confidential process where a neutral mediator helps the parties reach a settlement. If both sides agree to mediation, this can resolve the case in 2–3 months.

Step 5: Post-Investigation and Legal Representation

If the EEOC investigates and finds reasonable cause to believe discrimination occurred, it will issue a "Determination of Reasonable Cause" and attempt to settle the case through conciliation. If the employer refuses to settle, the EEOC may sue on your behalf (unusual) or issue a "Right-to-Sue Letter," which allows you to file your own lawsuit in federal court within 90 days. If the EEOC closes the investigation without finding reasonable cause, you still receive a Right-to-Sue Letter. Consult an employment attorney before the EEOC closes its investigation, ideally within 60 days of filing your charge. An attorney can monitor the investigation, gather additional evidence, prepare you for statements, and advise on settlement. Many employment attorneys work on contingency (you pay nothing unless you win), though they may require you to reimburse costs (expert fees, filing fees). If you pursue a lawsuit, an attorney is strongly recommended; federal ADA litigation is complex and involves discovery, depositions, and trial. An attorney specializing in civil rights or employment law in Texas is preferable.